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H0499.................................................by HEALTH AND WELFARE SMOKING - BOWLING ALLEYS - Amends existing law relating to clean indoor air to provide that designated smoking rooms in bowling alleys that meet certain conditions are excepted from public smoking prohibitions. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Health/Wel 02/17 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - FAILED - 18-49-3 AYES -- Bell, Bilbao, Black, Boe, Bradford, Cannon, Deal, Field(18), Garrett, McGeachin, Miller, Pence, Ring, Sali, Shepherd(8), Shirley, Skippen, Snodgrass NAYS -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Block, Bolz, Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Raybould, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Smith(30), Smith(24), Smylie(Luker), Stevenson, Trail, Wills, Mr. Speaker Absent and excused -- Brackett, Field(23), Wood Floor Sponsor - Ring Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 499 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CLEAN INDOOR AIR; AMENDING SECTION 39-5503, IDAHO CODE, TO PROVIDE 3 THAT DESIGNATED SMOKING ROOMS IN BOWLING ALLEYS THAT MEET CERTAIN CONDI- 4 TIONS ARE EXCEPTED FROM PUBLIC SMOKING PROHIBITIONS; AND PROVIDING AN 5 EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 39-5503, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-5503. PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a pub- 10 lic place, publicly-owned building or office, or at a public meeting, except 11 in the following which may contain smoking areas or be designated as smoking 12 areas in their entirety: 13 (a) Bars; 14 (b) Retail businesses primarily engaged in the sale of tobacco or tobacco 15 products; 16 (c)Bowling alleys;17(d)Buildings owned and operated by social, fraternal, or religious orga- 18 nizations when used by the membership of the organization, their guests or 19 families, or any facility that is rented or leased for private functions 20 from which the public is excluded and for which arrangements are under the 21 control of the sponsor of the function; 22 (ed) Guest rooms in hotels, motels, bed and breakfast lodging facilities, 23 and other similar lodging facilities, designated by the person or persons 24 having management authority over such public lodging establishment as 25 rooms in which smoking may be permitted; 26 (fe) Theatrical production sites, if smoking is an integral part of the 27 story in the theatrical production; 28 (gf) Areas of owner-operated businesses, with no employees other than the 29 owner-operators, that are not commonly open to the public; 30 (hg) Any office or business, other than child care facilities, located 31 within the proprietor's private home when all such offices and/or busi- 32 nesses occupy less than fifty percent (50%) of the total area within the 33 private home; 34 (ih) Idaho state veterans homes, established pursuant to section 66-901, 35 Idaho Code, that permit smoking in designated areas, provided that physi- 36 cal barriers and ventilation systems are used to reduce smoke in adjacent 37 nonsmoking areas; and 38 (ji) A designated employee breakroom established by a small business 39 owner employing five (5) or fewer employees, provided that all of the fol- 40 lowing conditions are met: 41 (i) The breakroom is not accessible to minors; 42 (ii) The breakroom is separated from other parts of the building by 43 a floor to ceiling partition; 2 1 (iii) The breakroom is not the sole means of entrance or exit to the 2 establishment or its restrooms and is located in an area where no 3 employee is required to enter as part of the employee's work respon- 4 sibilities. For purposes of this paragraph, the term "work responsi- 5 bilities" does not include custodial or maintenance work performed in 6 a breakroom when it is unoccupied; and 7 (iv) "Warning: Smoking Permitted" signs are prominently posted in 8 the smoking breakroom and properly maintained by the employer. The 9 letters on such signs shall be at least one (1) inch in height. 10 (j) A designated smoking room in a bowling alley, provided that all of 11 the following conditions are met: 12 (i) The room is not accessible to minors; 13 (ii) The room is separated from other parts of the building by a 14 floor to ceiling partition; 15 (iii) The room is not the sole means of entrance or exit to the bowl- 16 ing alley or its restrooms and is located in an area where no 17 employee is required to enter as part of the employee's work respon- 18 sibilities. For purposes of this paragraph, the term "work responsi- 19 bilities" does not include custodial or maintenance work performed in 20 the room when it is unoccupied; 21 (iv) Signs containing the following words in lettering of at least 22 one (1) inch in height are placed conspicuously over or on the door 23 to the room and are clearly visible from the exterior approach to 24 such room: "Warning: Smoking Permitted -- Admittance of persons under 25 eighteen (18) years of age prohibited by law."; 26 (v) An exhaust fan is installed in the room and is operating at all 27 times the room is occupied; and 28 (vi) The room has an HVAC system separate from the HVAC system(s) 29 serving the remainder of the bowling alley in a manner that return 30 air from the smoking room is not mixed with return air from the 31 remainder of the bowling alley. 32 (2) This section shall not be construed to require employers to provide 33 reasonable accommodation to smokers, or to provide breakrooms for smokers or 34 nonsmokers. 35 (3) Nothing in this section shall prohibit an employer from prohibiting 36 smoking in an enclosed place of employment. 37 SECTION 2. This act shall be in full force and effect on and after Janu- 38 ary 1, 2007.
STATEMENT OF PURPOSE RS 15464 The purpose of this legislation is to prohibit smoking in bowling alleys, with an exception for designated smoking rooms that meet requirements to minimize any mixing of air from a smoking room into the bowling alley. FISCAL NOTE No cost to the general fund. Contact Name: Representative Ring Phone: 322-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 499